Floor Statements

Madam Speaker, Twenty one years ago, on March 16, 1988, the Saddam Hussein regime committed one of modern history's most horrific crimes. The indiscriminate use of chemical weapons to destroy the town of Halabja in Iraqi Kurdistan led to the brutal slaughter of thousands of innocent men, women, and children and permanently debilitated many more. More than two decades after the massacre, the people of Halabja still suffer from the effects of that barbaric attack. Long-term effects include cancers, birth defects, neurological problems, miscarriages, infertility, and congenital malformations in children--all of which are disproportionately prevalent in the Halabja area--as well as irreparable damage to the environment. These serious medical and environmental problems continue to hinder the well-being and overall progress of those living in Halabja and the surrounding area.

Tragically, Halabja was not the only instance in which the former Iraqi regime used chemical weapons. Rather, it was but one event in a deliberate, large-scale campaign called the Anfal to exterminate the predominantly Kurdish inhabitants of Iraqi Kurdistan. The 1988 Anfal campaign resulted in the deaths of as many as 180,000 people. Iraqi forces used chemical and biological weapons against over 250 population centers from April 1987 to August 1988. Studies indicate that more than half of current inhabitants of Halabja were exposed to toxic chemical agents at the time of the attack.

On December 30, 2006, Saddam Hussein was hanged for the murder of 148 Shiite Arab citizens of Dujail, which is located in south-central Iraq. That case was taken up before the Anfal case, and it resulted in a death sentence. Because Iraqi law requires that a death sentence be carried our nearly immediately, Saddam's other crimes, including the Anfal genocide, never came to trial. The swiftness of Saddam's execution was an injustice to those that were brutally killed, maimed, or otherwise damaged in the Anfal; put simply, these victims were denied their day in court. Many Kurds now fear that the world will never hear of the true extent of the Halabja atrocities--widely considered the heaviest use of chemical weapons against civilians in modern times. It is therefore imperative that the Anfal campaign, and the massacre of Halabja, be documented and remembered--and internationally recognized as a crime of genocide against the Kurdish people. But we should also do more. On the tragic anniversary of Halabja 1988, the world must not only remember the individuals who perished but also provide help to those that continue to suffer today. That would be an appropriate way for the world to bear witness to crimes that are among the ugliest the world has seen.

Mr. Speaker, I thank the gentleman for yielding me time to join the others in making a particular statement on behalf of the sacrifice of military families.

We pay great attention, and should, to the sacrifices of our young servicemen and servicewomen who risk their lives in service of their country. We sometimes don't pay as much attention to people who make a tremendous sacrifice by virtue of seeing their loved ones, their spouses, their parents, their children in many cases, going off to

military service, particularly in the context of recent times, dealing with the repeated deployments, the disruptions, the movement, the constant concern about the welfare of the loved one. And it is quite appropriate and long overdue that we actually designate this year, 2009, as the year of the military families. I strongly support this resolution.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 125) calling on the central authority of Brazil to immediately discharge all its duties under the Hague Convention by facilitating and supporting Federal judicial proceedings as a matter of extreme urgency to obtain the return of Sean Goldman to his father, David Goldman, for immediate return to the United States, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the resolution under consideration.

I rise in support of the resolution, and yield myself such time as I may consume.

Mr. Speaker, the 1980 Hague Convention on the civil aspects of international child abduction is the principal international framework for tackling an increasingly difficult problem. The resolution before us urges all countries that the State Department determines are noncompliant with the Hague Convention to fulfill their obligations and faithfully implement the treaty. It also calls on other nations who have not yet joined the Hague Convention to do so.

The resolution highlights two emblematic cases and specifically calls for their prompt resolution. One is in a country that is a party to the Hague Convention, Brazil; the other in a country that is not, Japan. The facts of each case are equally heartbreaking.

David Goldman has been trying, since 2004, to get his son, Sean, back to the United States from Brazil. When Sean's mother took Sean to Brazil, the Superior Court of New Jersey awarded custody to Mr. Goldman, ordered Mrs. Goldman and her parents to immediately return Sean to the United States, and said that their continued behavior constituted parental kidnapping under United States law. Mrs. Goldman subsequently passed away in Brazil, leaving Sean without a mother and separated from his biological father in the United States. Mrs. Goldman's husband in Brazil petitioned for custody over Sean, and the issue has now been tied up in Brazilian courts for years.

The resolution also mentions a case with Japan, a United States ally which does not recognize intrafamilial child abduction as a crime.

Melissa Braden was taken from Los Angeles, California to Japan, in 2006, when she was just 11 months old, despite a 2006 restraining order that forebade Melissa's removal to Japan and an order granting joint custody to her father, Patrick Braden.

Despite his efforts, Mr. Braden and his daughter have not seen each other since her abduction. As in other cases, Japanese courts have not recognized his U.S. custody order and have not helped him gain visitation with his daughter.

While many American parents never see their children again when they are taken to Japan, I am hopeful that the Japanese government will take steps to respond to these cases by joining the Hague Convention. It is encouraging that the Japanese Ministry of Foreign Affairs is examining the Hague Convention, and I urge them to join as a party as soon as possible so that children like Melissa Braden can grow up knowing both of their parents.

The problem is, of course, much more widespread than these two cases. In 2008, the United States responded to cases involving 1,159 children abducted from the United States to countries

with which the United States partners under the Hague Convention. In 2008, the United States saw 306 cases involving 455 children taken from the United States to other countries that are not Hague Convention partners.

I support this resolution because it shines a spotlight on a problem that needs immediate attention, a problem that will likely get worse in coming years in light of the growing number of transnational births and marriages. I urge my colleagues to support the resolution offered by the gentleman from New Jersey (Mr. Smith) and the gentleman from New Jersey (Mr. Holt).

I reserve the balance of my time.

Mr. Speaker, I am pleased to yield 5 minutes to the gentleman from New Jersey (Mr. Holt) in whose district Mr. Goldman resides.

Mr. Speaker, at this point I will reserve. We have one speaker remaining.

Would the gentleman yield?

I thank the gentleman for yielding. Your interesting point that if the situation was reversed, we saw that situation. It was a very famous case: Elian Gonzalez. Even though he was being sent back to a country with which we have no diplomatic relations, and even though the nature of that government was one that we did not support, the rights of the father to be reunited with his son prevailed over all of the political considerations. So we saw the tables reversed, and we saw what the U.S. Government did in that situation. I concur with the gentleman's point on this issue.

Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Becerra).

Mr. Speaker, I just want to point out that in calendar year 2007, along the lines of the point made by the gentleman from North Carolina (Mr. Jones), the United States returned over 200 children to Hague Convention partners where a biological parent resided and sought the return of that child. So this resolution is consistent with our own practices, and I think with internationally recognized

fundamental human rights. I urge its adoption.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 194) supporting the goals of International Women's Day, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the resolution under consideration.

Mr. Speaker, I rise in strong support of this resolution, and I yield myself such time as I may consume.

I first want to thank Representative Jan Schakowsky and the other cosponsors of this resolution for honoring the contributions and achievements of women around the world, and the importance of promoting and protecting their rights.

Today, women all over the world are becoming leaders in science, medicine, arts, politics, and even the military. Despite this progress, it is a sad fact that women and girls continue to constitute the vast majority of the world's poor, chronically hungry, refugees, HIV- infected, uneducated, unemployed and disenfranchised. All too often, women are subject to physical violence and discrimination as a result of their gender. Women are also the targets of cruel cultural practices, including genital mutilation, forced and early marriages, humiliating and harmful widow practices, bride burnings and honor killings.

On average, women continue to receive less pay for work of equal value, and many continue to face discrimination in hiring and admission to educational institutions. It is not enough to simply declare the equality of women and condemn their mistreatment. We must, in all sectors of society, address the structural factors that prevent women and girls from enjoying the same rights and opportunities as boys and men.

We must also eliminate the criminal and cultural practices that destroy the lives and freedom and health of women. Statistics demonstrate that when women's quality of life improves, their

children are happier, healthier and better educated. Entire communities and countries benefit from these improvements. Successful, educated and respected women also become powerful role models for future generations.

In honor of our family members, our female colleagues and our Speaker, not to mention women across the country and around the world, I am proud to support this resolution and urge all my colleagues to do the same.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, we have no more speakers.

I might point out the irony that, in a resolution that is commemorating International Women's Day, the sponsor of that resolution is not available to speak on the floor because she is at the White House commemorating International Women's Day. But Ms. Schakowsky's comments can be added into the Record.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 226) recognizing the plight of the Tibetan people on the 50th anniversary of His Holiness the Dalai Lama being forced into exile and calling for a sustained multilateral effort to bring about a durable and peaceful solution to the Tibet issue.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the resolution under consideration.

Mr. Speaker, I rise in strong support of this resolution and yield myself as much time as I may consume.

This resolution recognizes the plight of the Tibetan people on the 50th anniversary of His Holiness the Dalai Lama's exile and calls for a sustained multilateral effort toward a peaceful resolution to the Tibet issue.

The resolution is introduced by my good friends, the gentleman from New Jersey (Mr. Holt) and our ranking member, Ileana Ros-Lehtinen of Florida. I thank them for their leadership in ensuring that the House commemorates this important date.

In 1949, the People's Liberation Army of China entered the eastern areas of the traditional Tibetan territory. In 1951, they occupied the Tibetan capital of Lhasa. Fifty years ago this month, the Tibetan people rose up in Lhasa against Chinese rule.

On March 17, 1959, His Holiness the Dalai Lama fled Tibet after the People's Liberation Army commenced an assault on his residence. He was followed into exile by some 80,000 Tibetans. Tens of thousands of Tibetans who remained were killed or imprisoned.

Under the leadership of the Dalai Lama, Tibetans have sought to overcome adversity and hardship. Exiled communities have been established in India, the United States, Europe, and elsewhere, to preserve Tibetan cultural identity, language and religion. They have succeeded abroad, but at home, the uniqueness of the Tibetan people remains threatened by Chinese policies.

Over the years, the Congress has repeatedly championed the rights of Tibetans, applauded efforts by the Dalai Lama to seek a peaceful resolution to the dispute between China and Tibet, and funded programs to assist Tibetan refugees.

In 2002, Congress passed the Tibetan Policy Act, the cornerstone of U.S. policy toward Tibet. This legislation codified the position of Special Coordinator for Tibetan Issues and emphasized that it should be U.S. policy to promote a dialogue between the Chinese Government and representatives of the Dalai Lama in order to achieve a settlement based on meaningful and genuine autonomy for the Tibetan people.

In 2007, Congress awarded the Congressional Gold Medal to His Holiness the Dalai Lama in recognition of his life-long dedication to the causes of peace and non-violent resolution to the Tibet issue.

I know that many of our friends in China are distressed by the continued congressional focus on Tibet. To them I say this resolution is not anti-Chinese. We have deep respect for both peoples. But after eight rounds of fruitless meetings between the Chinese Government and representatives of the Dalai Lama, it appears to many of us that China is not serious about achieving resolution of this difficult issue.

It's time for China to negotiate in good faith. I urge the Chinese Government to re-examine their policies in Tibet and to provide the Tibetan people genuine autonomy in their traditional homeland.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, at this point I yield 5 minutes to the gentleman from New Jersey (Mr. Holt), the sponsor of the resolution.

Mr. Speaker, it's my privilege to now recognize really the leader in this institution on human rights generally and most particularly on the issue of what has happened to the Tibetan people and to His Holiness the Dalai Lama, the Speaker of the House (Ms. Pelosi).

Mr. Speaker, I am pleased to yield 3 minutes to the gentlelady from Illinois (Ms. Schakowsky).

I would be pleased to yield an additional minute to the gentlelady.

Mr. Speaker, I am pleased to yield 3 minutes to the chairman of the Human Rights Commission, the gentleman from Massachusetts (Mr. McGovern).

Mr. Speaker, I yield back the balance of my time, and urge a ``yea'' vote.

Mr. Speaker, on that I demand the yeas and nays.

Madam Speaker, this month marks the second anniversary of the passing of Beth Sharon Samuels, an extraordinary Angelino who lost her life to cancer in January 2007 at the age of 31.

Beth grew up in Los Angeles, attending the Yeshiva University High School of Los Angeles and graduating as valedictorian. She went on to study at a women's seminary in Israel before graduating from Columbia University with a degree in mathematics. She then completed a three- year program at the Drisha Institute in Bible and Talmud, a Ph.D. in math at Yale, and earned an assistant professorship at the University of California, Berkeley. In the meantime, she gave birth to a daughter Danelle and later to daughter Natalia while undergoing intensive chemotherapy treatments.

Beth remains with us, even with increasing distance from her passing. We remember her passion for learning and zealous commitment to charity, her open spirit and fierce dedication

to women's Torah study. Beth's legacy will continue to grow through her students, friends, and, of course, her beautiful daughters.

I give my condolences to her parents, Elana and Zachary, her husband, Ari, her daughters, Danelle and Natalia, and her extended friends and family on this solemn occasion.

Madam Speaker, I want to take this opportunity today to salute a distinguished servant of the U.S. Congress in the field of foreign affairs. At the beginning of February 2009, Charlotte Preece will retire from the Congressional Research Service after 32 productive years of service to the legislative branch. Ms. Preece has spent her entire professional career at CRS serving the U.S. Congress in multiple capacities. She joined CRS in July 1976 as an analyst in European Affairs. In that capacity, she authored dozens of reports for the Congress on issues in U.S. European relations. She was promoted to specialist in European Affairs in 1982, and later headed the Defense Manpower, Budget, and Policy Analysis section for 3 years before becoming assistant chief of the Foreign Affairs and National Defense Division.

She served the last 17 years of her CRS career as the Chief of the Foreign Affairs Division, a position to which she was named in 1991. After a reorganization of CRS in 2000, the Foreign Affairs Division was expanded to incorporate international trade and finance specialists and was renamed the Foreign Affairs, Defense, and Trade Division. Ms. Preece became the Congressional Research Service's assistant director for Foreign Affairs, Defense, and Trade. In that capacity, she has supervised a staff that has grown to about 90 policy analysts and is responsible for directing the

research agenda to support the work of the U.S. Congress in foreign affairs, defense, and trade.

In honoring Charlotte Preece for her service at this time of great challenge for our country, both economically and in foreign affairs, it is worth pausing for a moment to consider the strengths and contributions consistently made to the U.S. Congress by the Congressional Research Service, where Ms. Preece has spent her professional career. We are so well served by this institution, and Ms. Preece epitomizes one of the greatest strengths that CRS offers to the congressional clients it serves: its long-serving analysts are a reservoir of ``institutional memory'' that continually builds on past knowledge and informs future decisions.

The importance of CRS' ``institutional memory'' is evident when considering even a brief list of the critical issues that have come before Congress during Ms. Preece's tenure at CRS: the signing of the Camp David Accord by Anwar Sadat and Menachem Begin in 1978; the Iran Hostage Crisis in 1979; the normalization of relations with the People's Republic of China in 1979; the fall of the Berlin Wall and the Tiananmen Square Crackdown in China in 1989; the end of the Cold War and demise of the Soviet Union beginning in 1989; the Gulf War in 1991; the end of South African apartheid by 1993; the devastating terrorist attacks against the United States on September 11, 2001; the invasion of Afghanistan in 2001; and the toppling of Saddam Hussein at the beginning of the Iraq War in 2003. All of these critical events and more unfolded on Ms. Preece's watch at CRS, giving her unique insight and invaluable expertise to a Congress that saw much turnover during the same period. Of the 535 Members who served in the 94th Congress in 1976, when Ms. Preece began her CRS service, only 21 are still serving in 2008: 14 in the House, and 7 in the Senate. Newly elected Members are well served by having access to CRS experts that have not just read about but have worked closely on the policy issues of recent decades.

I also want to reflect for a few minutes on the attributes and talents of Ms. Preece herself. Before coming to CRS in 1976, she earned her bachelor's of arts degree in international relations and Soviet area studies at the Pennsylvania State University, where she graduated summa cum laude. She went on to earn a master's degree in international security studies at the Fletcher School of Law and Diplomacy. At CRS, she had the distinction of being the youngest person the Service has ever named to attend the U.S. National War College, graduating with the class of 1983. As head of the CRS Terrorism Task Force, Charlotte Preece personally directed the massive and extraordinarily helpful CRS effort to provide Congress with timely and crucial policy analysis and information in the tragic days and weeks after 9/11.

In her distinguished career with CRS, Charlotte Preece has always understood and respected the power and special needs of Congress, including its legislative and oversight responsibilities as well as its obligation to represent the interests of constituents. She has always found time to serve as a mentor, counselor, and friend to others, whether it be to those she supervised, new congressional staff, or newly elected Members of Congress. Her exceptional skills at framing policy issues, her abilities in research management, and her instinctive grasp of the needs and aspirations of those she has supervised have earned her the respect and loyalty of her team. Charlotte Preece will be greatly missed, as will the loss of her exceptional leadership of the Foreign Affairs, Defense, and Trade Division of CRS. We offer her our deepest gratitude for her many years of contributions to the work of the Congress, and we wish her well.

Mr. Chair, I thank Chairman Frank for introducing H.R. 384, the TARP Reform and Accountability Act of 2009, and I join in support of this legislation that is aimed at bringing liquidity back to our capital markets and enhancing oversight of the Troubled Asset Relief Program.

I particularly want to draw attention to Section 402 of the Act, which provides important support to the struggling municipal bond market from those TARP funds already released. I thank the chairman for including this provision, which is intended not only to address municipal offerings, but also to include qualified 501(c)(3) bonds as described in Section 145 of the Internal Revenue Code. These important offerings have also been impacted by the liquidity crisis over the past several months.

More specifically, the tightening of credit in our financial markets has greatly affected the 501(c)(3)/non-profit bond market and the many non-profit organizations that rely on these bonds' issuance to carry out their charitable missions. Non-profit organizations provide a much needed back-stop to government programs and ensure that many of the Nation's most vulnerable citizens receive basic needs such as food, shelter, or drug rehabilitation. Without access to sufficient, affordable lines of credit, many charitable programs go unrealized. Particularly now, that cannot be allowed to happen.

This new legislation should alleviate this problem and increase liquidity in the bond market, as it makes clear that 501(c)(3) bonds, as defined by Section 145 of the Internal Revenue Code, are considered ``municipal securities.'' It is further my understanding that the support offered by Section 402 of the Act is not a ``federal guarantee'' under section 149 of the Internal Revenue Code, so that the legislative direction and solutions offered in today's bill will be available to the non-profit agencies who rely upon these types of bonds for their important work.

Furthermore, for new lending that is attributable to TARP investments and assistance, I encourage the secretary to clarify that 501(c)(3) bonds are eligible investments, and hold accountable those banks receiving funds to ensure that these not-for-profit organizations issuing bonds have access to affordable and competitive rates when seeking letters of credit to support their bond offerings. By holding financial institutions receiving TARP money accountable to use part of those funds to assist the non-profit sector, the secretary will help bring liquidity back to the non-profit bond market.

Madam Speaker, I would like to call the attention of my colleagues in the Congress to a successful meeting of the Transatlantic Legislators' Dialogue, TLD, that was held in Miami, FL from December 6- 8, 2008. Chairwoman Shelley Berkley, the gentlelady from Nevada, has consistently provided dynamic and capable guidance to this important interparliamentary exchange. The TLD vice-chairmen, Representative Jim Costa from California and Representative Cliff Stearns from Florida, should be commended for their leadership in helping to strengthen American relationships with our European colleagues. I also wish to thank the ranking member of the Foreign Affairs Committee, Representative Ileana Ros-Lehtinen, for being a gracious hostess of this meeting in her sunny district and ably assisting the delegation.

Representatives Berkley, Costa and Stearns were joined by six other members at the Miami session. This bipartisan delegation--which also included Representative Sheila Jackson-Lee (D-TX), Representative Loretta Sanchez (D-CA), Representative Susan Davis (D-CA), Representative Phil Gingrey (R-GA), Representative Virginia Foxx (R- NC), and Representative Ron Klein (D-FL)--ensured an informed and productive exchange of views with members of the European Parliament.

The TLD serves as the formal response of the European Parliament and the U.S. Congress to the commitment in the New Transatlantic Agenda, NTA, of 1995 to enhance legislative ties between the European Union and the United States. Building on the existing interparliamentary relationship, the TLD involves bi-annual meetings between American and European legislators in order to discuss topics of mutual interest and foster transatlantic discourse.

During this time of transition in the United States Government, it is particularly important that legislators continue to collaborate on the many important issues facing citizens on both sides of the Atlantic. The TLD discussions in Miami addressed a wide range of foreign policy challenges, focusing on the recent terrorist attacks in Mumbai as well as international efforts to address the ongoing challenges in Afghanistan and Pakistan. Members also discussed the current status of diplomatic initiatives regarding the Iranian nuclear threat and the repercussions of the Georgia-Russia conflict. American members responded to European concerns about data protection and the complexity of application procedures as part of the visa waiver program. During the discussion of regulatory initiatives being undertaken by the Transatlantic Economic Council, TEC, American members encouraged their European counterparts to address the EU ban on

the import of American poultry as well as discriminatory regulations on chemicals used to manufacture cosmetics--both of which have detrimental effects on American farmers and producers. In addition, the delegates discussed the challenge of climate change, the importance of energy security, and joint efforts needed to address the global financial crisis.

Madam Speaker, I would like to enter into the Congressional Record the joint statement that was agreed upon by American and European legislators at the 65th TLD meeting in Miami. This document demonstrates the depth and breadth of the interparliamentary discussions while also highlighting the scope of excellent transatlantic cooperation.

Joint Statement of Jonathan Evans, MEP, Chairman, European Parliament

Delegation; Shelley Berkley, Chairwoman, United States Congress Delegation; Cliff Stearns, Vice Chairman (Ranking Republican), United States Congress Delegation; and Jim Costa, Vice Chairman, United States

Congress Delegation at the 65th Meeting of Delegations From the

European Parliament and the United States Congress, December 2008

We, Members of the European Parliament and the United

States House of Representatives, held our 65th

Interparliamentary meeting (Transatlantic Legislators'

Dialogue) in Miami, Florida on 6-8 December 2008.

Building on the joint statement issued after our last

meeting in Ljubljana, Slovenia, on 24-26 May 2008, we

reiterated the importance of regular dialogue on a range of

political, social and economic issues that affect all of our

citizens. We welcomed the new U.S. administration and look

forward to the election of a new European Parliament and

European Commission next summer. We discussed ways in which

to utilize this time of political change on both sides of the

Atlantic to further enhance our transatlantic relations and

deepen our cooperation. We confirmed that legislators on both

sides of the Atlantic should increase dialogue and

consultation amongst themselves in order to prevent possible

conflicts in the legislative and regulatory regimes. In

particular, direct and timely contacts between specialist

committees within our legislatures have been valuable means

of reinforcing cooperation and should be continued. We agreed

to report back to the European Parliament and U.S. Congress

on the content and outcome of our discussions, particularly

in the areas where joint efforts are likely to result in

positive outcomes.

We examined a wide array of foreign policy issues, agreeing

that joint action by the European Union and the United States

is the most effective way to approach many pressing

international challenges. We welcomed the results of the EU-

U.S. summit in Brdo, Slovenia in June 2008 and stressed the

importance of the principles contained in the final

declaration. In particular, we agreed that both sides should

continue to demonstrate global leadership and effective

transatlantic cooperation in the face of challenges such as:

Promoting international peace, stability, democracy, human

rights, international criminal justice, sustainable

development, the rule of law and good governance; and

Fighting terrorism while protecting the fundamental

freedoms on which our democratic societies are built.

We discussed the recent terrorist attack in Mumbai, India,

expressing our condolences to the families of those who lost

their lives and condemning the attacks. We called on the

governments of India and Pakistan to cooperate in reducing

tensions in the region, called on the government of Pakistan

to participate fully in the investigation, and asked the U.S.

and EU to assist in these efforts.

On Afghanistan, we recognized the need for a joint long-

term strategy aimed at stabilizing the internal situation and

reducing risks for regional security. We welcomed the EU's

decision to expand its EUPOL police training mission from 250

to 400 personnel.

On Iran, we assessed the continuing nuclear threat. We

pledged to continue our cooperative efforts to confront this

challenge with a unified voice, using the dual track of

diplomacy and strong sanctions. We called on transatlantic

partners to continue to press Iran to comply with its UN

Security Council obligations and, if needed, to move forward

with additional sanctions to complement UN measures.

We assessed the August conflict between Russia and Georgia.

While recognizing the importance of continuing to engage in

dialogue with Russia about shared concerns, we emphasized

that we cannot return to `business as usual' while Russia

continues to violate the ceasefire agreement. We stressed

that Russia must implement its commitments on withdrawal of

its military to pre-conflict positions and allow access by

international civilian monitors to all areas in South

Ossetia. We reaffirmed our continuing support for the

Georgian people and our commitment to aid the country's post-

conflict reconstruction. We also expressed concern about the

ongoing developments in Russia's domestic and foreign

policies, including provocative statements regarding missile

deployment to Kaliningrad as well as about the reliability of

energy deliveries to Russia's European neighbors and

partners.

The TLD welcomed the recent admission of the Czech

Republic, Estonia, Hungary, Latvia, Lithuania and Slovakia to

the U.S. Visa Waiver Program. We expressed our hope that the

remaining EU Member States will be eligible to join soon and

that the U.S. State Department will review its administrative

procedures to determine whether the visa application process

can be simplified. We also discussed the importance of

ensuring safe trade as well as joint efforts to combat

terrorism and transnational crime. We called for the timely

sharing of information among our law enforcement and

intelligence agencies, emphasizing the importance of

protecting individual privacy and personal data.

We stressed the positive impact and symbolic importance

that would result from an early visit and address to the

European Parliament by U.S. President-elect Barack Obama.

We agreed on the need for continued discussion of possible

joint actions to address the effects of climate change. We

also called for increasing attention to the need for energy

security through the diversification of energy sources. We

discussed the United Nations Climate Change Conference in

Copenhagen, scheduled for the end of 2009, and expressed hope

that a viable and effective global agreement will be reached.

Our dialogue focused on the financial crisis, particularly

the ways in which it has affected the housing market, banking

sector, employment and industries in Europe and the United

States. We expressed support for continued cooperation

between our governments in seeking to find collaborative

solutions to these problems, including through the recent G-

20 gathering and follow-up meetings. We took stock of the

initiatives dealing with global financial instability, such

as the European Economic Recovery Plan and the U.S.'s

Emergency Stabilization Act of 2008.

With regard to the Transatlantic Economic Council (TEC), we

noted with satisfaction the engagement of the TLD on 13 May

2008 with TEC Co-Chairs Gunther Verheugen and Dan Price in

the framework of the advisory groups. We welcome the TEC as a

permanent feature of the EU/U.S. relations. We look forward

to engaging with the TEC at the next meeting on December 12,

which will have particular importance as the last session

before the change in administrations. We called on the

incoming Obama Administration to take careful note of the TEC

outcomes and to pledge its commitment to continuing to engage

with the European Union through this important mechanism.

We welcomed the progress that has been achieved since the

TEC's last meeting. We strongly supported the agreement to

recognize each others' accounting standards (U.S. GAAP and EU

IFRS), which will save multinational companies on both sides

of the Atlantic billions of dollars in compliance costs. We

applauded the joint statement committing to openness in

foreign investment, greater cooperation on the enforcement of

intellectual property rights (IPR), and efforts to harmonize

biofuels standards. We advocated stronger involvement of

legislators in contributing to and overseeing these

initiatives since many of these issues involve important

interests for stakeholders, such as securities regulatory

regimes and the creation of a level playing field for

insurance/reinsurance. A wide range of issues are also under

consideration in the High Level Regulatory Forum (HLRF) and

legislators should be informed in a timely manner about the

results of their activities.

Several items have been identified within the TEC agenda

that still require legislative consideration:

While achieving reciprocity and mutual recognition of

security standards remains critically important, we continued

to raise concerns about the U.S. Safe Ports Act and its 100

percent cargo scanning requirement;

We reiterated the need to facilitate a solution to the ban

on imports into the EU of U.S. poultry which has undergone

pathogen reduction treatment, consistent with international

commitments; and

Regarding the EU's regulation on the registration of

chemicals (REACH), we continued to call on the European

Commission to bring forward legislation ensuring that

European and U.S. producers of cosmetics are treated

equitably in their requirement to register substances used in

their products with the EU's chemical agency.

As we have done throughout the establishment and initial

meetings of the TEC, we continued to assert that the TEC

initiative should be characterized by transparency and

consultation of stakeholders and we called on both

Administrations to reinforce the flow of information to the

TLD in advance of the TEC meetings. The relevant legislative

and regulatory bodies should be aware of the transatlantic

impact of proposed legislation and regulations, and

understand the benefits of rapid advancements towards a

barrier-free regulatory environment. A more formal role

should be envisaged within TEC for the U.S. Congress and the

European Parliament, in particular via TLD, so as to allow

for detailed and accountable reporting of TEC results to

legislators.

In conclusion, both sides renewed their commitment to make

the TLD's work more relevant to the European Parliament and

to the U.S. House of Representatives. Amidst a climate of

transition on both sides of the Atlantic, we reaffirmed the

importance of continuing to strengthen and improve our

dialogue in order to realize the full potential of our

interparliamentary relationship.

Madam Speaker, I move to suspend the rules and agree to the resolution (H. Res. 34) recognizing Israel's right to defend itself against attacks from Gaza, reaffirming the United States' strong support for Israel, and supporting the Israeli-Palestinian peace process.

I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on the resolution under consideration.

Madam Speaker, I yield myself 2 minutes.

When a nation's towns and villages are attacked without provocation by nearly 9,000 rockets over the span of 8 years, there could hardly be a more solid case for the use of force in self-defense. At least 700,000 Israelis, 10 percent of that small nation, are now within range of missiles and rockets operated by an Islamist terrorist group committed to Israel's destruction.

I have no trouble justifying the war Israel is undertaking, but I am deeply troubled by the suffering, destruction and loss of innocent life that war inevitably entails, in this case, a war forced upon Israel by a terrorist enemy that not only targets Israeli civilians but that also bases itself among Gazan Palestinian homes, schools, mosques, and hospitals in order to use innocent civilians as human shields and as tools of a propaganda war. It is imperative that a way be found to stop the killing on both sides but in a manner that will ensure that this round will be the last round.

I know the U.S. and several other nations are working on developing such a plan. Our ally Egypt should be particularly commended for its serious efforts in this regard.

What we need is not merely a cease-fire but a transformative cease- fire. We need to ensure not just that Hamas stops firing rockets into Israel; we need to make sure that it stops receiving weapons and weapons parts and that it stops smuggling them into the Gaza Strip. We should support Egyptian efforts to prevent this illegal arms trade from crossing the Sinai toward the Gaza border.

Madam Speaker, I commend the Speaker and the bipartisan leadership for authoring this important resolution. It provides a sensible way of understanding how we got to the current situation and of how we should move forward. This is why I support this resolution, and I urge my colleagues to do likewise.

I reserve the balance of my time.

Madam Speaker, I am very pleased to recognize the chief sponsor and author of this resolution, the Speaker of the House, Ms. Pelosi, for 1 minute.

Madam Speaker, I yield 1 minute to the chairman of the European Subcommittee of the House Foreign Affairs Committee, the gentleman from Florida (Mr. Wexler).

Madam Speaker, I am pleased to yield 1 minute to the gentlewoman from California (Mrs. Capps).

Madam Speaker, I am pleased to yield 1 minute to the gentlelady from California (Ms. Harman), who is very active on these issues.

Madam Speaker, I yield the gentlelady an additional 10 seconds.

I am pleased to yield 1 minute to the chairman of the Democratic Caucus, the gentleman from South Carolina (Mr. Clyburn).

(Mr. CLYBURN asked and was given permission to revise and extend his remarks.)

Madam Speaker, I am pleased to yield 1 minute to the majority leader for the House of Representatives, the gentleman from Maryland (Mr. Hoyer).

(Mr. HOYER asked and was given permission to revise and extend his remarks.)

Madam Speaker, for a unanimous consent request, I yield to the gentleman from Rhode Island (Mr. Kennedy).

(Mr. KENNEDY asked and was given permission to revise and extend his remarks.)

Madam Speaker, I'm pleased to yield 2 minutes to the gentleman from West Virginia (Mr. Rahall).

Madam Speaker, I'm pleased to yield 4 minutes to the gentleman from Ohio (Mr. Kucinich).

Madam Speaker, I'm pleased to yield 1 minute to the chairman of the subcommittee that covers the jurisdiction of terrorism and arms and human rights, the gentleman from California (Mr. Sherman).

Madam Speaker, at this time, I would like to ask unanimous consent that there be an additional 6 minutes of debate on the resolution under consideration and that it be equally divided between both sides.

Madam Speaker, could I inquire about the time remaining on each side?

Thank you, Madam Speaker.

I am pleased to yield 1 minute to the gentleman from New York, the chairman of the Western Hemisphere Subcommittee, Mr. Engel.

Madam Speaker, for the purpose of making a unanimous consent request, I am pleased to yield to the chairman of the Energy and Commerce Committee, Mr. Waxman.

(Mr. WAXMAN asked and was given permission to revise and extend his remarks.)

Madam Speaker, I am pleased to yield 1 minute to the gentlelady from Nevada (Ms. Berkley).

Madam Speaker, I am pleased to yield 1 minute to the gentlelady from California, Mrs. Susan Davis.

Madam Speaker, I am pleased to yield 1 minute to a member of the committee, the gentlelady from Texas, Ms. Sheila Jackson-Lee.

Madam Speaker, I am pleased to yield 1\1/2\ minutes to the gentleman from Minnesota (Mr. Ellison).

Madam Speaker, to close the debate, I am pleased to yield to the chairman of the Middle East and South Asia Subcommittee of the House Foreign Affairs Committee, the gentleman from New York (Mr. Ackerman).

Madam Speaker, When a nation's towns and villages are attacked, without provocation, by nearly 9,000 rockets over the span of 8 years, there could hardly be a more solid case for the use of force in self-defense. At least 700,000 Israelis--10 percent of that small nation--are now within range of missiles and rockets operated by an Islamist terrorist group committed to Israel's destruction.

I have no trouble justifying the war Israel has undertaken. I am deeply troubled, however, by the suffering, destruction, and loss of innocent life that war inevitably entails--in this case, a war forced upon Israel by a terrorist enemy that not only targets Israeli civilians but also bases itself among Gazan Palestinian

homes, schools, mosques, and hospitals in order to use innocent civilians as human shields and as tools of a propaganda war.

It is imperative that a way be found to stop the killing on both sides--but in a manner that will ensure that this round will be the last round.

I know the United States and several other nations are working on developing such a plan. Our ally Egypt should be particularly commended for its serious efforts in this regard.

What we need is not merely a cease-fire but a transformative cease- fire. We need to ensure not just that Hamas stops firing rockets into Israel; we need to make sure that it stops receiving weapons and weapons parts and stops smuggling them into the Gaza Strip. We should support Egyptian efforts to prevent this illegal arms trade from crossing the Sinai toward the Gaza border.

Ideally, the legitimate Palestinian Authority under President Mahmoud Abbas should be restored to its role as the effective authority in Gaza in the aftermath of any cease-fire. The Palestinian Authority was illegally expelled from Gaza by Hamas in June 2007, and it should be restored to its rightful role.

As for Hamas, it has no prospect of legitimization in the international community unless it renounces violence and disarms, recognizes Israel, and accepts the validity of all previous agreements between Israel and the Palestinians.

Our resolution supports Israel's right to defend itself against unprovoked terror and re-affirms this body's unwavering commitment to Israel's security and survival as a democratic, Jewish state. It condemns Hamas for its 8-year artillery war against Israel and appropriately assigns Hamas responsibility for the destructive consequences of the ongoing war in Gaza. And it insists that a cease- fire be established that is durable and sustainable and that prevents Hamas from acquiring more arms and provoking another round of fighting.

I commend the Speaker and the bipartisan leadership for authoring this important resolution. It provides a sensible way of understanding how we got to the current situation and of how we should move forward. That is why I support this resolution, and I urge my colleagues to do likewise.

Madam Speaker, I am honored to pay tribute to my very good friend, Lieutenant Benjamin Berger, a veteran of the U.S. Navy. In honor of his courage, initiative and devotion to duty, he was awarded the following decorations: Silver Star for heroism during the Normandy invasion, and the Presidential Unit Citation. On April 16, 2008, Lt. Berger was bestowed the title of ``Chevalier'' of the Legion of Honor by the President of the French Republic.

Born in Chicago, Illinois in June 1920, Ben graduated from Sullivan High School and obtained his degree from Loyola University. After working part time for the U.S. Postal Service, he was inducted into the U.S. Navy as an officer in December 1942. Following basic training in Chicago, he was shipped off as a communications officer to the U.S. Amphibious Force, 3rd Division and participated in the invasions of North Africa and Sicily.

In December 1943, he was assigned to England and trained as a fire control officer in support of the U.S. Rangers. On June 6, 1944, he landed at Vierille with the Army Ranger 2nd and 5th Battalions in one of D-Day's most dangerous assignments. Lt. Berger organized critical naval gunfire control support not only for his unit, but also for another unit whose leadership had been disrupted during the landing chaos. His actions contributed to a successful assault on the important enemy gun emplacements above the cliffs at Point du Hoc and later the towns of Isigny and Grandcamp. Benjamin was separated from the U.S. Navy at Norfolk, Virginia in October 1945.

Ben married his first wife, Florine Perlman, in December 1941 and they had two children, Elise and Stephan. He retired from his position as Operations District Manager in Southern California for Thrifty Drug Stores in 1981. He married his current wife Rae Polland, who is a lovely vivacious lady, served as senior intern in my district office. They were married in June 2002, and now reside in Valley Village, California near their extended family.

Madam Speaker and distinguished colleagues, I ask you to join me in saluting Lieutenant Benjamin Berger for his impressive military career and dedicated service to the United States of America.

Madam Speaker, I am honored to pay tribute to my friend, Dennis McCarthy, a renowned journalist, veteran, and the first Grand Marshal of the annual San Fernando Valley Veterans' Day Parade. Dennis is being honored by the Los Angeles Valley College for his many good works.

An award winning columnist for the Los Angeles Daily News, Dennis is a diligent crusader who tirelessly works to protect the rights of veterans and their families. His popular column is widely read in the San Fernando Valley and neighboring suburbs. It is not only well written, but it is often so compelling that it stirs people to take action.

Dennis obtained his degree in Journalism from California State University at Northridge. In addition to writing for the Los Angeles Daily News, Dennis has written for the Glendale News Press and South Bay Daily Breeze. He is extremely prolific; he has written nearly 3,000 columns in his 25-year-career including many columns about Los Angeles Valley College and its vital role in meeting the educational needs of our community.

He has demonstrated an extraordinary commitment to issues involving senior citizens, veterans, and the disabled. He uses wit, humor and solid reporting to spark the interest of community leaders.

I am grateful to Dennis for serving as the first Grand Marshal of the annual San Fernando Valley Veterans' Day Parade--a parade I helped put together and care deeply about. Dennis not only took on the Grand Marshal role with his customary great dignity, but he helped communicate the spirit of the parade through his columns. He has also used his column to help prompt other projects I have undertaken to help improve the lives and the health of our veterans.

Madam Speaker and distinguished colleagues, I ask you to join me in saluting Dennis McCarthy for his impressive career and dedication to the people of the San Fernando Valley, and to congratulate him on being honored at the Los Angeles Valley College President's Annual Gala.

Mr. Speaker, I ask unanimous consent that the Committees on Foreign Affairs, Energy and Commerce and the Judiciary be discharged from further consideration of the bill (H.R. 7311) to authorize appropriations for fiscal years 2008 through

2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, and for other purposes, and ask for its immediate consideration in the House.

Mr. Speaker, I, in concert with Mr. Conyers, the Chairman of the Committee on the Judiciary, make the following explanatory statement regarding H.R. 7311, the William Wilberforce Trafficking Victims Reauthorization Act of 2008.

H.R. 7311, the William Wilberforce Trafficking Victims

Reauthorization Act of 2008, reauthorizes existing U.S.

programs to combat human trafficking and establishes new

requirements and programs regarding trafficking into both

sexual exploitation and forced labor. Among a wide range of

initiatives, the bill establishes new programs to prevent

trafficking from occurring in foreign countries where

trafficking begins, widens U.S. assistance programs to U.S.

citizens, and provides additional protections for trafficking

survivors who are threatened by trafficking perpetrators, and

for children who are at risk of being repatriated into the

hands of traffickers or abusers.

The Wilberforce Act also improves upon existing criminal

prohibitions against human traffickers, including

streamlining in the Slavery/Trafficking chapter of the

federal criminal code, and creating new criminal tools to

reach unscrupulous labor recruiters. Unlike previous

reauthorizations, this reauthorization is for four years,

from fiscal years 2008 to 2011, recognizing that U.S. anti-

trafficking programs have become more established. The bill

reflects an effort to develop a consensus between H.R. 3887,

passed by the House on December 4, 2007, and S. 3061, ordered

reported by the Senate Judiciary Committee on September 8,

2008. The legislation draws from the common approaches in

both bills and develops alternative proposals where the two

bills diverge. This explanatory statement draws attention to

changes in several provisions of the bill from the approach

in H.R. 3887. Many of the provisions of the bill and the

intent behind them that are closely aligned with the original

provisions of H.R. 3887 are described in the House Report

110-430, part I, the report accompanying H.R. 3887.

Title I

Title I of the bill draws from substantially similar

positions in both the House and the Senate bills.

Section 102. Office to Monitor and Combat Trafficking

Section 102 provides more targeted amendments to section

105 of the Trafficking Victims Protection Act of 2000 with

essentially the same objectives of requiring the

establishment of the Office, promoting public-private

partnerships to end trafficking and clarifying the role of

the Director of the Office with regard to funding programs.

Although the bill does not include several provisions from

H.R. 3887, this should not be seen as failing to recognize

the importance of the Office or the Director. The Office has

been very effective in raising the awareness of the

trafficking issue and should be considered for space in the

new consolidated plan for relocating offices of the

Department of State closer to the Harry S. Truman Building.

When the head of the Office was changed to an Ambassadorial

position, the pay rate for the position was actually reduced.

That decision should be reassessed.

Section 105. Increasing Effectiveness of Anti-Trafficking Programs

This section draws from similar versions of both H.R. 3887

and S. 3061. In the new section 107A of the Trafficking

Victims Protection Act of 2000, subsection (b) requires a

self-certification that persons or entities providing

services directly to trafficking victims have completed or

will complete training. This self-certification, which is not

expected to be monitored in every case by the U.S.

Government, is intended to apply primarily to persons

actually in direct contact with and providing services to the

trafficking victims, not interns, other volunteers or

administrative or supervisory staff of organizations involved

in the assistance.

Section 106. Minimum Standards for the Elimination of Trafficking

This section, similar in both bills, makes a number of

changes to section 108 of the Trafficking Victims Protection

Act of 2000. With respect to the deletion of ``a significant

number of'', the provision is intended to ensure that the

broadest range of countries is reviewed by the Department.

This section also separates out the provision regarding

reducing the demand for commercial sex acts and participation

in international sex tourism as a criteria for whether a

country is making serious and sustained efforts to combat

trafficking in persons, highlighting the importance of making

progress in this area as the Office to Monitor and Combat

Trafficking in Persons makes its decisions on tier ratings.

Title II

Title II reflects a number of changes to U.S. law,

including amendments to the Immigration & Nationality Act

(INA), and Title 18 of the United States Code (related to

federal crimes). Many of the provisions, particularly those

relating to amendments to the INA, were similar in H.R. 3887

and S. 3061.

Section 201. Protecting Trafficking Victims Against Retaliation

Section 201 provides a number of modifications to

provisions relating to the T and U visa category, drawing

from both H.R. 3887 and S. 3061. Among other matters, this

section provides that a holder of a non-immigrant visa under

Sections 101(A)(15)((T) or (U) of the Immigration and

Nationality Act can adjust to permanent residency even if

their T or U visas may have lapsed in the time period in

which the adjustment regulations had not been promulgated.

While adjustment regulations were released on December 8,

2008, and will control in the future, this provision is

included as a stop-gap measure for those petitioners whose

adjustment petitions were not processed because of the

government's failure to issue regulations until that time.

Section 203. Protections, Remedies and Limitations on Issuance for A-3

and G-5 Visas.

This section addresses the issues of employees of diplomats

and officers and employees of international organizations who

perform domestic services in the homes of such

individuals, drawing from provisions in section 110 of

H.R. 3887 as well as section 203 of S. 3061. This

provision is sensitive because of its effects on

reciprocity to U.S. diplomats abroad. However, the failure

of the Department of State to take seriously cases

involving abuse has been troubling, and this provision

establishes a new framework for dealing with these cases.

In particular, subsection (a)(2) provides that the

Secretary of State shall suspend the issuance of certain

visa classes to applicants seeking to work for officials

of diplomatic missions or international organization ``if

the Secretary determines that there is credible evidence

that 1 or more employees of such mission or international

organization have abused or exploited 1 or more A-3 or G-5

non-immigrants and that the diplomatic mission or

international organization tolerated such actions.'' It is

expected that if the Department of Justice or another part

of the U.S. Government provides information that such an

act has occurred, or a non-governmental organization

provides such information, and the information is

credible, the Department should take steps to make the

mission or organization aware of such information, and if

the mission or organization does not take

steps to rectify the situation, the denials of the visas

provided under this section should start.

Section 222. Crimes

This section contains a number of modifications to the

federal criminal code. Section 222 conforms the various

crimes set forth in Title 18, United States Code, Chapter 77

((Peonage, Slavery, and Trafficking in Persons) by extending

the obstruction provisions of the Peonage statute (Section

1581) to the other substantive servitude offenses, by

creating conspiracy liability within the Chapter, and by

improving the treatment of restitution and asset forfeiture.

None of those provisions are intended to foreclose the use of

corresponding sections of the criminal code, where

appropriate.

Section 222 also clarifies the definition of coercion in

the core offenses created by the Trafficking Victims

Protection Act, which responded to the Supreme Court's

narrowing of the federal Involuntary Servitude statutes in

United States v. Kozminski, 487 U.S. 931 (1988). Section 1589

covers offenses involving forms of forced labor, while

Section 1591 is in the context of commercial sexual activity

and can also be violated when a person uses a child for

prostitution, as children are unable to give consent to

commercial sexual activity. Those offenses returned the legal

standard for a servitude conviction to the modern approach

reflected in such cases as United States v. Mussry, 726 F.2d

1448 ( 9th Cir. 1984) and the lower court decisions in

Kozminski (allowing conviction in servitude cases involving

psychological coercion as well as overt violence).

Accordingly, the Trafficking Victims Protection Act of 2000

crafted Section 1589 and 1591 to only require a showing of a

threat of ``serious harm,'' or of a scheme, plan, or pattern

intended to cause a person to believe that such harm would

occur. The term ``serious harm'' refers to a broad array of

harms, including both physical and nonphysical, and is

intended to be subjectively construed in determining whether

a particular type or certain degree of harm or coercion is

sufficient to overcome a particular victim's will. Section

222 further clarifies these concepts to reflect the various

and subtle forms of coercion used by traffickers in light of

the experiences of prosecutors and non-governmental

organizations in combating trafficking and assisting victims.

Such modification was contemplated by the drafters of the

Trafficking Victims Protection Act of 2000 (Pub. Law 106-

386): ``[T]he conferees are aware that the Department of

Justice may seek additional statutory changes in future years

to further address the issues raised in Kozminski, as courts

and prosecutors develop experience with the new crimes

created by this Act.'' Conference Report Accompanying H.R.

3244, House Rep. 106-939, 106th Cong. 2nd Sess. 101 (printed

in 146 Cong. Record H8855, H8881).

Thus, Section 222 clarifies that ``[t]he term `abuse or

threatened abuse of law or legal process' means the use or

threatened use of a law or legal process, whether

administrative, civil or criminal, in any manner or for any

purpose for which the law was not designed, in order to exert

pressure on another person to cause that person to take some

action or refrain from taking some action,'' and that ``The

term `serious harm' means any harm, whether physical or

nonphysical, including psychological, financial, or

reputational harm, that is sufficiently serious, under all

the surrounding circumstances, to compel a reasonable person

of the same background and in the same circumstances to

perform or to continue performing [in the case of section

1589, labor or services, or, in the case of section 1591,

commercial sexual activity] in order to avoid incurring that

harm.'' It is contemplated that these refinements will

streamline the jury's consideration in cases involving

coercion and will more fully capture the imbalance of power

between trafficker and victim. A scheme, plan, or pattern

intended to inculcate a belief of serious harm may refer to

nonviolent and psychological coercion, including but not

limited to isolation, denial of sleep and punishments, or

preying on mental illness, infirmity, drug use or addictions

(whether pre-existing or developed by the trafficker).

``Commercial sexual activity'' in this context is not limited

to a particular sex act, but would include all aspects of

prostitution, including time under the defendant's control in

which the victim is not engaged with clients.

Another modification to Chapter 77 made by section 222

involves the level of scienter necessary for a violation of

Section 1591. The current standard is enhanced through the

addition of a ``reckless disregard'' option. Such an approach

is well-established in other federal criminal statutes, and

would have the advantage of reaching those who turn a

willfully blind eye toward a person in commercial sexual

activity who is being physically abused or is underage. Such

an approach puts the responsibility on participants in

commercial sex activity to not ignore indicia of abuse, such

as bruising or distress, or indicia of youth on the part of

those whom they recruit, entice, harbor, transport, provide,

obtain, or maintain.

Additionally, a special evidentiary provision is added for

those cases under Section 1591(a)(1) in which criminal

liability attaches not because of the use of coercion but

because of the use of a minor for commercial sexual activity.

In such cases, the prosecution will be exempted from having

to prove beyond a reasonable doubt that a defendant who had a

reasonable opportunity to observe the person recruited,

enticed, harbored, transported, provided, obtained or

maintained knew that the person had not attained the age of

18 years. This special evidentiary provision reflects a

similar provision in the aggravated sexual abuse offense,

Title 18, United States Code, Section 2241(d), and is crafted

in light of United States v. X-Citement Video, 513 U.S. 64,

70, n.2 (1994) (exception from presumption of mens rea more

appropriate in statutes in which perpetrator necessarily

``confronts the underage victim personally and may reasonably

be required to ascertain that victim's age''). This approach

comports with numerous appellate decisions in related areas

of the law, such as the Mann Act. See, e.g., United States v.

Jones, 471 F.3d 535 (4th Cir. 2006).

Section 222 also creates a new fraud crime, Title 18,

United States Code, Section 1351, which prohibits the

recruiting, solicitation, or hiring, with intent to defraud,

foreign persons to be employed in the United States through

false pretenses, representations, or promises about their

employment. For the purposes of this provision,

``employment'' is presumed to include, but not be limited to,

such issues as terms and conditions of employment, housing,

labor broker fees, employer or broker-provided food and

transportation, ability to work outside of the offered place

of employment, and other material aspects of the recruited

person's work and life in America. This statute is intended

to capture situations in which exploitative employers and

recruiters have lured heavily-indebted workers to the United

States, but did not obtain their labor or services through

coercion sufficient to reach the level of the Chapter 77

Slavery/Trafficking offenses. Press accounts and

Congressional briefings have highlighted cases with facts as

egregious as situations in which defrauded workers were

stranded in fenced compounds, reduced to catching pigeons for

food and collecting rainwater to drink, all the while facing

bankruptcy because of brokerage charges and debt incurred in

their home country in reliance on the recruiters' false

promises. This section will be of particular application in

cases involving employment-based immigration

(``guestworker'') programs, but is not limited to employment

under such a provision. This Section a five year statutory

maximum in recognition that the victims of fraudulent labor

recruiting are at high risk of being held in servitude, and

that prosecutors should not have to wait for the abuse to

rise to the highest levels of criminality before dismantling

these criminal organizations.

H.R. 3887 updated Title 8, United States Code, Section

1328, a long-established statute that criminalizes the

importation of aliens for immoral purposes and the harboring

or employment of aliens so imported. The bill does not

include this update, but rather directs the U.S. Sentencing

Commission to assess the sentencing guideline pertaining to

alien harboring, 18 United States Code, Section

1324(a)(1)(A)(iii), to determine whether the guideline for

harboring should conform to the Mann Act guideline when the

harboring was committed in furtherance of prostitution and

the defendant is an organizer, leader, manager, or

supervisor. Section 1324 is a more modern statute, penalizing

harboring even without proof that it was done in furtherance

of illegal importation. The elements of a 1324 offense do not

vary based on the purpose for which the alien is being

harbored. For instance, there is no difference in the

knowledge required on the part of an employer, an alien

smuggler, or a trafficker that the alien had come to,

entered, or remained in the United States in violation of

law. Section 1328 remains an effective tool to reach those

who are kept in a brothel or other place in pursuance of

importation for an immoral purpose, but this review of the

sentencing structure is intended to guarantee that it will be

supplemented by the general harboring statute.

Section 225 Promoting Effective State Enforcement

This section, reflective of some of the goals of section

224 of the H.R. 3887, provides that nothing in previous acts

related to trafficking, this Act, and any model law related

to trafficking promulgated by the Department of Justice shall

be read to legitimize prostitution as a valid form of labor,

or to preempt, supplant or limit the effect of any State or

Federal criminal law. In particular, it should be noted that

financial transactions involving the proceeds of any

trafficking activities, or any failure to report income

obtained through any trafficking activities would remain

reachable by applicable federal statutes, irrespective of the

provision of section 225(a)(1).

Many states have modernized archaic slavery or forced

prostitution statutes in line with the TVPA or the model

state laws promulgated by the Department of Justice or non-

governmental organizations. In recognition that many state

statutes in the closely related area of prostitution

enforcement are also antiquated, the bill directs the

Department of Justice to supplement its current anti-

trafficking model law with modern anti-prostitution models,

so that a holistic update is available for policymakers' use.

Section 225 will also require that the new model law be

distributed to each Attorney General as a means of promoting

the new model law. The bill also will result in dissemination

of a chapter of the Criminal Code of the District of Columbia

as an example of a statute that reaches as felonies cases

involving coercion, pandering, and exploitation alike.

Section 238 Processing of Certain Visas

Section 238 mandates a report from the Department of

Homeland Security concerning the work of the Violence Against

Women Act (VAWA) Unit at the U.S. Citizenship and Immigration

Services' Vermont Service Center. The VAWA Unit is a highly-

trained adjudication team that is responsible for a number of

victim-related immigration applications, including but not

limited to: the adjudications, adjustments, work

authorizations, parole, fax-back benefits and employment

verification, naturalization, and derivative beneficiaries

related to such programs as Violence Against Women Act self-

petitions (Section 101(a)(51) of the Immigration and

Nationality Act); T visas (Section 101(a)(15)(T) of the

Immigration and Nationality Act), U-visas (Section

101(a)(15)(U) of the Immigration and Nationality Act;

battered spouse waivers (Section 216(c)(4)); abused immigrant

work authorizations (Section 106 of the Immigration and

Nationality Act) and parole for children of Violence Against

Women Act cancellation recipients (Public Law 103-222, as

reauthorized by Public Laws 106-326, 108-193, 109-162, and

109-164) and any other matters that are protected by the

confidentiality provisions of the Violence Against Women Act.

The mandated report seeks information on funding, staffing,

and training. The Unit should continue to be the responsible

office for the processing of victim-related immigration

applications, and such processing should be conducted in a

manner consistent with applicable confidentiality

requirements. Off-site adjudication of such applications

should be considered an extraordinary circumstance, and if

cases must be adjudicated elsewhere, special care should be

taken to ensure compliance with confidentiality and

adjudication standards of the Unit.

Immigrant victims of domestic violence, sexual assault and

other violent crimes should not have to wait for up to a year

before they can support themselves and their families. The

Vermont Service Center should therefore strive to issue work

authorization and deferred action in most instances within 60

days of filing, consistent with the need for safe and

competent adjudication. The mandated report therefore seeks

information on the timing adjudications, and steps taken to

improve on this aspect of the Unit's mission.

The staff of the Unit are widely respected as experts in

the effect of trauma and victimization and the heightened

confidentiality mandated by the Violence Against Women Act,

and have historically been not only an adjudication team but

a policy resource. The mandated report thus includes a

description of measures taken to ensure that the policy

expertise of the Unit is fully incorporated into decision-

making by the Department of Homeland Security.

Provisions from H.R. 3887 Not Included in Bill

Several provisions from H.R. 3887 do not appear in this

version of the legislation. For example, the original House

bill attempted to streamline the investigation and

prosecution of certain sex trafficking and related offenses

by amending the Mann Act, 18 U.S.C. Sec. 2421, et seq. The

Wilberforce Act reflects a different consensus, and achieves

these ends through modifications to the Slavery/Trafficking

Chapter of Title 18 discussed above.

Specific language regarding the surveys required by section

232 of H.R. 3887 is not included in the bill. However, the

provisions of paragraph (B)(i) and (ii) of section 201(a)(1)

of the Trafficking Victims Protection Reauthorization Act of

2005 (42 U.S.C. 14044(a)) still require that the surveys

contained in that provision be completed, and section 237(d)

requires the Department of Justice to provide the relevant

committees a report on the status of those surveys, including

the projected date when such surveys will be completed. Also,

section 234 of H.R. 3887 proposed a reorganization of

functions within the Department of Justice. The Department of

Justice should review the relationship between the Criminal

Section of the Civil Rights Division and the Child

Exploitation and Obscenity Section of the Criminal Division

and promote a coordinated approach to the trafficking

prosecutions that these Sections carry out. More critically,

the Department and the Federal Bureau of Investigation should

assess the division of labor within the Bureau as to

trafficking offenses, with particular emphasis on servitude

cases being considered a key civil rights enforcement

priority.

Because efforts in the closely-related area of prostitution

enforcement are important to prevent situations from ripening

into servitude, the reporting requirements of Section 237 are

intended to gain a better understanding of the Criminal

Division and United States Attorneys Offices' activities to

enforce the Mann Act or those local prostitution offenses

that United States Attorneys may have jurisdiction over

through operation of the District of Columbia Criminal Code

or the Travel Act 18 U.S.C. Sec. 1952 or other racketeering

tools.

Title III

Title III authorizes funds for programs, projects and

activities related to human trafficking. In order to promote

broad support for the bill, some of the authorization for

program funding was reduced to levels closer to previously

appropriated levels, and therefore represents a more

realistic target for future spending. Any reductions in

authorizations are not intended to indicate a decrease in the

importance of any programs, but indeed are intended to

encourage appropriations at those new levels. It should be

noted that Department of Homeland Security, Immigration and

Customs Enforcement is engaging in a number of important

investigatory activities abroad and should continue to be

fully supported.

Title IV

Title IV is drawn from title IV of both H.R. 3887 and S.

3061. The two versions were substantially similar, and the

intent of title IV is described in House Report 110-430. As

in both bills, section 404, revised from the text of both

H.R. 3887 and S. 3061, provides that no assistance under

section 516 of the Foreign Assistance Act (relating to

transfers of excess defense articles), section 541 of the

Foreign Assistance Act (relating to international military

education and training) and section 23 of the Arms Export

Control Act (relating to foreign military financing) shall be

provided, and no licenses for commercial arm sales may be

issued, to countries that are determined to be using or

permitting the use of child soldiers in governmental armed

forces or government-supported armed forces. While requiring

enhanced reporting on child soldiers in the annual country

reports on human rights, the actual list of countries that

are subject to this prohibition will be included in the

annual Report on Trafficking in Persons, as provided for in

H.R. 3887, instead of the annual country reports, as provided

in S. 3061. The country reports should continue to be an

objective assessment of human rights conditions around the

world, and should not be used as the specific mechanism for

imposing sanctions or other matters affecting U.S. relations

with other countries.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and to include extraneous material on the bill just considered by the House.

Mr. Speaker, I ask unanimous consent that the Committees on Foreign Affairs and Energy and Commerce be discharged from further consideration of the resolution (H. Res. 1532) condemning the November 26, 2008, terrorist attacks in Mumbai, India, and expressing sympathy to the innocent victims from India and around the world, and ask for its immediate consideration in the House.